Johnson v. Witt
Massachusetts Supreme Judicial Court
Two actions OE contract. The cases were tried together in the Superior Court, before JPitman, J.; and the jury returned a verdict for the plaintiff in each case. On motion of the defendants for a new trial, the judge ruled that they were not entitled, as matter of law, to have the verdicts set aside, and, in the exercise of his discretion, declined to grant the motions ; and, at the request of the defendants, reported the cases for the determination of this court.
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Two actions OE contract. The cases were tried together in the Superior Court, before JPitman, J.; and the jury returned a verdict for the plaintiff in each case. On motion of the defendants for a new trial, the judge ruled that they were not entitled, as matter of law, to have the verdicts set aside, and, in the exercise of his discretion, declined to grant the motions ; and, at the request of the defendants, reported the cases for the determination of this court. The facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
As a general rule, a motion for a new trial is addressed to the discretion of the presiding judge. It has been held that an improper intermeddling with the jury by a party in whose favor a verdict is rendered, or by an officer of the court, will be a ground for a new trial; and that the law will not inquire what was the effect of such intermeddling, if it was of such a nature as to have any tendency to affect the verdict injuriously to the party against whom it is found. Woodward v. Leavitt, 107 Mass. 453, and cases cited. Read v. Cambridge, 124 Mass. 567. But the rule of law does not go so…
2Cases cited2 opinions
- Woodward v. LeavittMassachusetts Supreme Judicial Court · 1871
- Read v. City of CambridgeMassachusetts Supreme Judicial Court · 1878
3Cited by12 opinions
- Kansas City M. & B. R. R. v. PhillipsSupreme Court of Alabama · 1893
- Harrington v. Worcester, Leicester, & Spencer Street Railway Co.Massachusetts Supreme Judicial Court · 1893
- Commonwealth v. WhiteMassachusetts Supreme Judicial Court · 1888
- Weaver v. StateAlabama Court of Appeals · 1920
- Farrell v. German American InsuranceMassachusetts Supreme Judicial Court · 1900
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